Federalism Peace.docx

4
Pages

119
Views

Unlock Document

School

McMaster University

Department

Political Science

Course

POLSCI 3NN6

Professor

Greg Flynn

Semester

Fall

Description

Federalism
Peace, Order & Good Government
1. Sec 92
a. Prop & CR-No-Fed
b. Yes
2. Sec 91 –T &C
-CRM No- Provincial
-POGG
Yes
3. Reconcile – Double aspect
 Does this fall under the parsons test
1. The POGG preamble & the JCPC
a. Peace order of good government
b. Federal government you turn to the preamble of sec 91
c. Section 92 is different are allowed to make laws on the provincial
level
d. 91 allows the queen to make laws on the knowledge from governor
general
e. It dealt with anything that wasn’t specifically listed under the sec 91-
92
f. It’s a residual matter
g. It deals with mater that don’t fall under sec 91-92
h. There have been 3 different test, that has been established by JCPC
2. The Gap doctrine
i. Basically process that the on the object of the peace order is a
residual power or its purpose was to fill the gaps or whole
between the two levels of government
b. Re: Radio Reference [1932] A.C. 304
i. Put a reference in order to regulate the radio and
telecommunication
ii. The Canadian government went into a treaty to regulate the
radio and telecommunication
3. The Emergency Powers Doctrine
i. Associated with Lord Huldayne, member of the JCPC
ii. Considered a provincialist
iii. First explicitly set out the Emergency powers doctrine in the
Board of commerce case
iv. He ignore the Parsons case
v. He passes this legislation after the war came to an end. After a
formal declaration of peace
vi. Decides that under moral circumstance the federal government
cannot interfere in quasi-authority. (104)
vii. The federal government can only reply on the peace order
when the peace order of the country is peril
viii. Who decides what emergency power doctrine stands for ix. The courts left the decision to the government to decide when
we are in an emergency
x. It has a very clear overruling of the government. Government
has a lot of levy on the decision as long as they provide enough
evidence to back there argument for state of emergency
b. Snider
i. Arguing that wages and working condition, goes across the
whole country. Lord Huldayne, says that federals could only
rely on the POGG where an emergency that imperials the life of
the country exists, so as to allow to intrude upon the rights of
provinces
c. New deal statutes
i. Effort of the Bennett to come back from the depression to
regulate the unemployment insurance, min work and wage,
national market scheme
ii. King becomes PM again, has a question as to whether these are
constitutionally within authority of the federal government
iii. Some provinces appeal this decision to JCPC, who dismiss all of
the statues as falling outside federal jurisdiction
iv. Gross national product fell by %40, unemployment at %5, 1 in
5 Canadians needed financial assistant
d. Fort francis PP v. Man FP [1923] A.C. 695
i. JCPC talking about divisions of powers,
ii. There is a lock box around 91 and 92, there should be leakage
between the two governments
iii. They argued again that the POGG can only be used in a national
emergency
4. National Concern Doctrine
i. Issues that were originally local and rise up and become
country wide then it should be given to the federal
b. Russell v. the Queen
i. Mr. Russell was caught or selling liquor
ii. He argued that this was civil and property right and a
provincial concern rather then a federal
iii. JCPC disagreed with his argument, completely ignored civil and
property rights
iv. Government believes that we should not be able to drink
anywhere in the country
c. Local Prohibition References
i. Specific recognition o National concern Doctrine
ii. Mr. Hodges was fined for letting customers play pool and drink
iii. The provincial and federal government where both legislating
the liquor act
iv. There was confusion to who has control of the liquor act
v. This case was more of a civil and property rights